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New Jersey Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely Through Successive Adverse Possessors - Squatters Rights

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This affidavit is an example of an affidavit that might be used in an abstract of land title. Such an abstract will set forth all important actions which are relevant to the title, such as filings of liens and encumbrances, any and all conveyances, transfers, and assignments, and other facts relevant to the claimant's title. An abstract of title will also note the status of liens and encumbrances, showing whether they have been released or not.


Neighbors may testify that the adverse claimant occupied the land for a certain period of time. Affidavits may prove useful to the adverse claimant by establishing the claim as being adverse to that of any other persons.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

The New Jersey Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely Through Successive Adverse Possessors, commonly known as "Squatters Rights," is a legal document used in New Jersey to assert a claim of adverse possession over a property that has been occupied and used without the permission of the owner for an extended period of time. Adverse possession is a legal concept that allows a person to claim ownership of a property if they have occupied and possessed it openly, continuously, exclusively, and adversely for a certain period of time. In New Jersey, the minimum period is 30 years for claiming adverse possession. The Affidavit in Support of Adverse Possessor by Third Party is filed by a person who is not the original adverse possessor but has acquired the property through successive adverse possessors. This means that the property has been occupied by multiple individuals or squatters over time. The Affidavit serves as a formal declaration stating the facts and circumstances of the adverse possession claim. It includes relevant information such as the legal description of the property, the length of time the property has been held adversely, details of the adverse possessors involved, and any documentation or evidence supporting the claim. There are no specific subtypes or variations of the New Jersey Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely Through Successive Adverse Possessors — Squatters Rights. However, it is important to note that there may be different versions or templates available depending on the jurisdiction or specific circumstances of the case. It is essential to consult with a qualified attorney or legal professional in New Jersey when preparing and filing this affidavit to ensure compliance with state laws and regulations. Additionally, it is crucial to understand that adverse possession cases can be complex and require strong evidence and legal arguments to support the claim.

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FAQ

The possession must be adequate in continuity, in publicity and in extent to show that their possession is adverse to the true owner. It must start with a wrongful disposition of the rightful owner and be actual, visible, exclusive, hostile and continued over the statutory period.

File in the Correct New Jersey Court If you are a property owner, and are concerned about a trespasser or neighbor who seems to be developing a claim for adverse possession, you can file a lawsuit to "quiet title." This is essentially a legal declaration from a court that you, in fact, own the property.

Proving adverse possessionyou have the necessary intention to possess the land; and; your possession is adverse, ie without the title owner's consent, without force, and without secrecy.

Also referred to "continuous trespassers' rights," the legal theory of adverse possession allows someone who has publicly inhabited and improved an otherwise neglected parcel of property to gain title after a certain amount of time has passed.

The legal requirements to get title by adverse possession are "open notorious hostile exclusive and continuous use" plus payment of the property taxes for the required number of years in the state where the realty is located. California has the shortest adverse possession time of just five years.

New Jersey's Requirements for Adverse Possession hostile (against the right of the true owner and without permission) actual (exercising control over the property) exclusive (in the possession of the trespasser alone)More items...

It is now almost impossible to obtain title by adverse possession of registered land against the will of the true owner, but there are three exceptions to the general rule.

Proving adverse possession you have been in factual possession of the land for the required period (for which see below); you have the necessary intention to possess the land; and; your possession is adverse, ie without the title owner's consent, without force, and without secrecy.

New Jersey adverse possession laws, for instance, require a 30-year period of occupation before the squatter may be granted title. Adverse possession laws, or "squatter's rights" are -- in a sense -- a logical extension of trespassing laws.

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New Jersey Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely Through Successive Adverse Possessors - Squatters Rights